Judgment

Dharmadhikari, J.—The appeal is directed against the order of the High Court of Madras. By the impugned order, the High Court in exercise of its revisional jurisdiction has set aside the order of sub-ordinate Judge, Tuticorin whereby the latter had allowed substitution of the deceased arbitrator on the panel of seven arbitrators appointed by the parties under the arbitration agreement. The case is governed by the Arbitration Act, 1940 (hereinafter referred to as ‘the Act’ for short). The property which is the subject matter of arbitration agreement, is the land in occupation of the appellant as a tenant and on which by building a superstructure he is carrying on his business of Coffee House.

2. It is not in dispute that the land involved has been inherited by two brothers (respondents herein) and three sisters. It is reported that one of the sisters is dead and had left behind her heirs. The sisters and heirs of deceased sister are not parties to either the Arbitration proceedings or the proceedings which arose from them in the Court.

3. A few more facts giving rise to this appeal may now be stated as under :-

The two brothers wanted to sell the entire property involved to the